A trust for someone 65 or older that holds assets outside the estate, avoiding probate and allowing a tax-deferred transfer during life.
The Canadian position
A trust for someone 65 or older that holds assets outside the estate, avoiding probate and allowing a tax-deferred transfer during life.
Provincial law governs administration, so confirm the position where the estate will actually be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- T3 Trust Guide — Canada Revenue Agency
- Contesting trustee compensation ontario — Treadstone Law
- Constructive trust unjust enrichment common law ontario — Treadstone Law
- Ontario salary dividends family trust — Treadstone Law
- Odsp disqualified inheritance without henson trust ontario — Treadstone Law
- Henson trust tax treatment ontario — Treadstone Law
- Naming trust as rrsp beneficiary probate — Treadstone Law
- Wills & estates practice — Treadstone Law